Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation Insurance under this Design-Build Contract, as in effect during the Term of this Design-Build Contract, compliance with which is a condition to the effectiveness of such policy.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation Change of Conditions Risks), specifications or Design Requirements included in the RFP or otherwise made available during the procurement process.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation condition could not have been reasonably anticipated based upon the information disclosed to the Company in the Site Related Documents or information otherwise disclosed to the Company as of the Contract Date.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article I - Definitions and Interpretation desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Design-Build Contract; and (3) negotiate such changes in substitution for or addition to the remaining provisions of this Design-Build Contract as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Design-Build Contract shall be construed and enforced as if such invalid portion did not exist.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period Plan shall include 1) an interim operations plan describing how the CTP will be operated during the transition period and Acceptance Testing; and 2) a final operations plan describing how the CTP is to be operated following Acceptance of the Project. The interim operations plan shall be part of the Transition Plan required under Schedule 11. The final operations plan shall be included in the O&M Manual.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period approval of the Facilities Plan Amendment (if the conditions in paragraph (D) are met), by the Scheduled Construction Commencement Date will have the effect of waiving the Company’s right to escalation of the Fixed Design-Build Price and, potentially, shortening the guaranteed construction schedule as set forth in subsection 5.2(C). In the event the Company fails to obtain any Governmental Approval set forth in subsection 4.1(A)(2) and Schedule 3 other than the approval of the Facilities Plan Amendment (if items (i) - (iii) of paragraph (D) below are met) prior to the 120th day following the Scheduled Construction Commencement Date, such an occurrence shall constitute an Event of Default.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period comment upon material documentation submitted to and issued by the Company and the Governmental Body in connection therewith in accordance with Schedule 3.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IV - The Development Period maximum reimbursement limitation of subsection 4.4(B) hereof, for 100% of its Reimbursable Expenses. The Company shall not be further obligated during the suspension to seek to fulfill the Commencement Date Conditions. The City may in its sole discretion at any time thereafter, upon written notice to the Company, reinstate the obligations of the Company to fulfill the Commencement Date Conditions, and thereupon an amount equal to all Reimbursable Expenses (but not any amounts paid as part of the Fixed Development Price) previously reimbursed to the Company shall be deducted from the Fixed Design-Build Price and the obligations of the Company as to the Commencement Date Conditions shall resume (subject to an adjustment to the Scheduled Construction Commencement Date corresponding to the duration of the suspension). If the City does not reinstate the obligation of the Company to seek to fulfill the Commencement Date Conditions within 180 days following the suspension (or such longer period agreed upon by the parties), the Company may at any time thereafter terminate this Design-Build Contract upon written notice to the City.
Central Treatment Plant Upgrade and Expansion Project. Design-Build Contract Article IX - Project Warranties The City shall give such notice promptly after discovery of the condition. The Company must respond to critical and/or emergency service calls from the City within 24 hours and non- critical or non-emergency calls within five business days. Such response shall require that a competent representative familiar with the specific equipment used within the City’s Design- Build Improvements inspect the Design-Build Improvements and while on site, either correct the problem or initiate a course of action that will fully correct the problem within a reasonable period of time. In critical and/or emergency situations, that time period shall not exceed 48 hours after the on-site inspection. For non-emergencies, such period shall not exceed ten calendar days. The obligations and time limitations set forth in this Section shall not limit the Company’s obligations or the City’s rights set forth in Section 9.1 with respect to the Company’s Performance Warranty.
